Legal Regulation of Involvement of Persons Undergoing Compulsory Treatment

• Main Author: A. V. Vaselovskaya
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-06-01
• Series: Сибирское юридическое обозрение
• Subjects: compulsory medical measures; occupational therapy; labor relations; subsidiary application of law; mechanism of legal regulation
• Online Access: https://www.siberianlawreview.ru/jour/article/view/341

The engagement of persons in respect of whom the court imposed coercive measures of a medical nature is carried out through the use of labor therapy methods. Occupational therapy, defined by the legislator as a medical service, is not just a treatment method, but also involves the inclusion of mentally ill persons in labor activity, the latter performing a specific labor function. Taking into account the indicated features of labor therapy, this article attempts to determine the legal nature of relations arising in the process of attracting people undergoing compulsory treatment to work in a psychiatric hospital. The features of such involvement in labor are revealed, a distinction is made with wage labor. Based on a comparison of the main characteristics of the ­relations under consideration with the constitutive signs of labor relations, it is concluded that they are not identical, although they have a number of similar signs. Relations involving the mentally ill to work are to be included in the general system of legal relations arising from the application of compulsory medical measures, in connection with which the application of the provisions of the labor legislation of the Russian Federation to them is possible only in cases specified by law through subsidiary use rules of law.